2 year rule for dependant ILR

Hi,
I am a tier 1 general visa holder and will be eligible for ILR in May 2012. My wife came to the UK in Aug 2008 and has been living with me (in the same address), however, between Dec 2009 to Aug 2010 (8 months), she was out of the country for the delivery of our child. This would mean even though she has been living with me in the UK since Aug 2008, there is a gap of 8 months in between and when we apply for ILR in May 2012, she would have only lived in the UK for 1 year and 10 months continously. Is this going to be a problem, ie, will it not satisfy the 2 year dependant rule?

Also, my kid who joined me in Aug 2010, will have completed 1 year and 10 months stay in teh UK. Is the 2 year dependant rule applicable for kids? He will be 2 years and 1 month in May 2012.

To sum up, can my wife and kid apply for ILR with me in 2012, if not, what are their options?

Looking forward to hearing from you

Thanks and kind regards,
Shaji

shaji01 wrote:Hi,
I am a tier 1 general visa holder and will be eligible for ILR in May 2012. My wife came to the UK in Aug 2008 and has been living with me (in the same address), however, between Dec 2009 to Aug 2010 (8 months), she was out of the country for the delivery of our child. This would mean even though she has been living with me in the UK since Aug 2008, there is a gap of 8 months in between and when we apply for ILR in May 2012, she would have only lived in the UK for 1 year and 10 months continously. Is this going to be a problem, ie, will it not satisfy the 2 year dependant rule?

Also, my kid who joined me in Aug 2010, will have completed 1 year and 10 months stay in teh UK. Is the 2 year dependant rule applicable for kids? He will be 2 years and 1 month in May 2012.

To sum up, can my wife and kid apply for ILR with me in 2012, if not, what are their options?

Looking forward to hearing from you

Thanks and kind regards,
Shaji

2 years rule does not apply on children. Your child can apply for ILR with you.

Sould be okay for both wife and kid.

Thanks Vinny and MK for your replies.

In the SET(O) form, under section 10 A, one of the requirements reads

"If you have a spouse or civil partner listed in section 2 of this application form who is applying at the same time as you, please provide documentary evidence of cohabitation since you were last granted leave (up to a maximum of two years). Evidence provided should cover the whole period and be in the form of official letters or documents, addressed to yourself and your spouse".

Since as mentioned earlier, there is a gap, I have only NHS card dated )ct 2010 at the same address for all the 3 of us....which means at the time of the application, I can show my wife had lived with me for 1 year and 8 months....however I have older documents (not continous ones) that could be used to prove she has been in the Uk with me in the same address for almost 4 years at the time of application.

Will this be OK.....just want to confirm this after having read the requirement in the visa form.

Shaji,

I am in a similar situation as well and would be interested to hear about your experience after you apply for your ILR.

Cheers
Sagar

similar situation:
*I am currently on Tier 1(General) Extension Visa and I will be eligible for ILR in September 2013.

I am living with my wife and 3 year old daughter in UK. Me and my wife are married for 7 and half years and we are living together in UK since last 7 years . My wife and daughter are currently on Discretionary Limited leave to remain . They will be converting their status to my Tier 1 ( General) dependent in 2012 or 2013.(out country application).*
*
Could anyone please kindly let me know whether my wife and daughter would be eligible to apply for ILR along with me in Sept 2013? Is there is any certain time limit that they have to stay as Tier -1 Dependants before they can be eligible for ILR along with me ?
It has been mentioned that one should be living together for 2 years, But it hasn't been mentioned that whether living together is on Tier-1 dependent status? or any other visa status..In my case even though we are together in uk for 7 years we were on different visas and i am planning to convert thier visas to tier-1 dependent visas before i go for ILR .


could you please also kindly let me know whether 15 hours /week Free early learning for three and four year olds considered as a benefit?(accessing public funds)

Thank you